Canadian-born man facing deportation; Immigration Canada says he’s not a citizen

Goober

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Now that DaSleeper has withheld his judgement until all the facts are known (and I am sure he speaks for every fair-minded poster on this thread), we must ask ourselves the following question. "Would we have been so quick to judge our hypothetical Mr. Smith?"
After all, Deepan has served his sentence for his crimes, paid his debt to Canadian society, and has expressed remorse.

By the way, I am not playing the race card since, as the press has indicated, he is of East Indian extraction and is as caucasian as is our Mr. Smith.

Why were these facts not presented or were they?
As there is some dispute I would say if he was indeed born legally in Canada, not as stated under Dipolmatic Immunity common sense says the Law is the rule.
 

captain morgan

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Why were these facts not presented or were they?
As there is some dispute I would say if he was indeed born legally in Canada, not as stated under Dipolmatic Immunity common sense says the Law is the rule.

if these 'facts' existed as are being speculated upon, this case never would have made it this distance. As was mentioned, if all of the 'evidence' actually existed and the facts were obvious, a first year law student could have the deportation over turned in a heart-beat.

Buddy is, rightfully, being expelled from the country as he is not a citizen
 

EagleSmack

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Am I hearing the argument correctly? If a man called Smith, born and raised in Canada, committed similar crimes he should be deported to England? Preposterous at best.

That's the law in Canada. No anchor babies in that country.

Bravo Canada.
 

Retired_Can_Soldier

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It is true children born in Canada of foreign diplomats are not Canadian citizens
The guy was dealing in illegal weapons etc. It is time we cleaned up this nation
and got rid of all foreign nationals who commit crimes. In fact those with a
citizenship certificate that commit criminal offences should be subject to deportation
if warranted.

Agreed.

Now, back to you Political Nick and your counterpoint on how we should not allow Rapists and Murderers be molested by this injustice.
 

PoliticalNick

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Agreed.

Now, back to you Political Nick and your counterpoint on how we should not allow Rapists and Murderers be molested by this injustice.

RCS, it is what sets us apart from them. By condoning injustice in any form, especially state-sanctioned, you become no better than those murderers & rapists. I thought this would be a simple concept for you.

It is true children born in Canada of foreign diplomats are not Canadian citizens
The guy was dealing in illegal weapons etc. It is time we cleaned up this nation
and got rid of all foreign nationals who commit crimes. In fact those with a
citizenship certificate that commit criminal offences should be subject to deportation
if warranted.

That's the ticket Grumpy....let's see if we can rent Devil's Island or borrow a piece of Australia. Geez man, I thought you were more intelligent than that. These emotional responses are not plausible at all and simply encourage a totalitarian police state. Think about it...deporting Canadian citizens? Where to? They have no rights to enter any other country. Do you envision some large ships anchored in the middle of the pacific for them?
 

Zipperfish

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Well, if he's not a Canadian citizen he sounds like a pretty good candidate for deportation, given the [edit]severity[/edit]and number of his offences. I suspect the likeliest outcome is several years in court. I support the Harper government in their tenacity to deport criminals though. It took them 26 years to get rid of that Lebanon teorrirst, but he's gone now.
 
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Nuggler

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India is fast becoming an economic superpower. Lots of jobs. Almost into the 21st.

Why oh why would he not want to go there?

Lots of opportunity in drugs and guns.
 

PoliticalNick

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Is he a Canadian citizen or not?

That is the question Eagle. It would appear for all intents & purposes he was. He was issued a Canadian birth certificate and a Canadian passport. He was allowed to live here with all he benefits & rights of a citizen for at least a couple of decades. I would imagine he was even allowed to vote and I'm damn sure he paid taxes. Now, when the govt decides he is undesirable to score political points, they roll out some technicality that he shouldn't be and want to deport him to India but of course he isn't a citizen there because he was born here. The loophole may be real but I don't condone the govt using loopholes on someone who has lived here as a citizen for decades for political gain.

Guy'll probably be the next "Microsoft" rep calling to fix my computer

No, that'll be me. BTW you have downloaded illegal porn and need to send me $200 ;-)
 

Corduroy

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The question of this man's citizenship rests mostly on his parents' status at the time of his birth. Birth certificates, passports and citizenship are all different things. Him being issued a birth certificate or a passport does not mean he's a citizen, although both documents are considered proof of citizenship.

And while we can pour over the technicalities, there is some grey area when it comes to citizenship. Revoking citizenship is possible, for example, but only under very ambiguous circumstances (none of which would apply if this man were actually a citizen btw). The government can award citizenship to children born foreign diplomatic staff, if it wants, and a crafty immigration lawyer could argue that they did.

Two conclusions can be drawn from this: if his parents were no longer diplomatic staff and had proper work permits when he was born, he is a citizen. If not he's likely not, but he could still be (in the land of lawyerese) And of course, forget the law, there is the problem that no one else wants him and states are ultimately free to do what they want. India doesn't have to take him.
 

Zipperfish

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Well, all things considered, I'd like to see the back of him. Although it took us 26 years to get rid of a convicted terrorist when there was no question that he wasn't a a citizen.
 

bill barilko

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forget the law, there is the problem that no one else wants him and states are ultimately free to do what they want. India doesn't have to take him.
I wondered about that last night-Canada would have to

1-convince India that he was in fact an Indian citizen

2-convince India that he he should be accepted back into the country

Something of a tall order methinks and it's going to cost us one way or t'other.
 

Goober

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I wondered about that last night-Canada would have to

1-convince India that he was in fact an Indian citizen

2-convince India that he he should be accepted back into the country

Something of a tall order methinks and it's going to cost us one way or t'other.

They can refuse to accept him. So it all comes down to the Diplomats.
I imagine some sort of deal would be done.
 

Corduroy

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I wondered about that last night-Canada would have to

1-convince India that he was in fact an Indian citizen

2-convince India that he he should be accepted back into the country

Something of a tall order methinks and it's going to cost us one way or t'other.

Convince is the operative word. Though persuade might work too. We can't prove he is an Indian citizen or not a Canadian citizen. The Indian government has the leeway to just reject the explanation or even the documents, and they can use the fact that Budlakoti has a Canadian passport to argue he isn't one of their citizens even better than Budlakoti can.

As I've mentioned before, I work in immigration, and no one around the office can say for sure what will happen to this guy. We can make educated guesses but at this point it's ultimately at the level of international politics. We can deal with the law, but Canada and India deal in a quasi-anarchy.
 

Goober

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Convince is the operative word. Though persuade might work too. We can't prove he is an Indian citizen or not a Canadian citizen. The Indian government has the leeway to just reject the explanation or even the documents, and they can use the fact that Budlakoti has a Canadian passport to argue he isn't one of their citizens even better than Budlakoti can.

As I've mentioned before, I work in immigration, and no one around the office can say for sure what will happen to this guy. We can make educated guesses but at this point it's ultimately at the level of international politics. We can deal with the law, but Canada and India deal in a quasi-anarchy.

And one of the top countries for immigration fraud.
 

Retired_Can_Soldier

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RCS, it is what sets us apart from them. By condoning injustice in any form, especially state-sanctioned, you become no better than those murderers & rapists. I thought this would be a simple concept for you.

PoliticalNick I might have even listened to your side of it until you start making ridiculous statements like the one you made in regard to this thread about murderers and rapists not being protected. Somehow deporting them, seems more effective than paroling them and putting them in half-way houses in neighborhood near you friends and neighbors.

Your comparisons to Stalin and Communist States are far reaching, even silly. We live in a Country where gays marry, abortions happen regularly, forum debate goes on without anyone wearing standard issue jack boots kicking in your door. Forgive me if I don't feel sympathy or even empathy for the drug/gun running scumbag who now finds himself in an extraordinarily predicament. One I might he might not be in had he avoided that whole drug/gun running endeavor in the first place.